Emergency advance parole?

S

sammyboy

Registered Users (C)
another unique issue .

My wife is currently working n her OPT/F1 visa . Her company just
filed her H1 via premium processing. Meanwhile last month I had filed for her Adjustment of status .

She is comming with me to india in a couple of weeks and then come backhere again. Still havent recieved advance parole

Question
a) If she doesnt recieve her H1 nor Advance parole can she come the the states with her F1 andOPT? She has a 5 year stamp and the I94 signed by the college?

b)If she recieves her H1 but not advance parole ...is there any problem i getting the stamp in India? Will they reject her visa since she is transfering from F1 to H1 while her AOS is already applied?


c)If by chance we get her AP can she come on her advance parole but work on the H1 once she comes here?

Thanks
 
As for as I know

a)guess she can come back on F1 if she has valid stamp and the documents (I-20?) from the school

b)If she gets the H1 approval notice, she can definitley get H1 stamp in India, NO PROBLEM. This is based on personal experience. Having AOS filed, is no deterrant to get H1/H4 stamp

Ramakriya:)
 
she cannot come back on F1 after applying for H1 unless she travels again before "using" her H1 and gets a new stamp.
 
(a) is ruled out.
(b) , if she has all the documents is the best option. Rarely do F1 to h1 visa stamps are rejected.
(c) yes, No problem.
 
Hi,
I am also in a similar situation. I have my H1B approval notice. Our 485 is pending at VSC. I need to visit India in early Jan. Lawyer said I can go to Chennai embassy and get my H1B stamped on my passport for re-entry. Is this reasonable? OR Do I need to have AP before I travel. Some friends suggest NOT to go to embassy for stamping H1B while 485 is pending. What would you folks suggest? Please help. Has anyone been in this situation before?

Lawyer said they don't issue new AP in Boston INS office anymore. If I apply to VSC, I dont think I will get my AP approval before I leave. What should I do?

thanks for any help,
-Sunar
 
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